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- This topic has 4 replies, 3 voices, and was last updated 4 years ago by Vijay.
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- September 27, 2020 at 12:00 pm #586840
Which party instigates a creditor voluntary liquidation?
– member
– director
– creditor
Now since members always start liquidation In case of voluntary by issuing appropriate resolution the answer should be member. But in book they say director. Why? Where am I wrong
ThanksSeptember 28, 2020 at 2:37 pm #586905Which book are you talking about?
In a voluntary liquidation its always the members who instigate the liquidation. Directors can only recommend to the members. It becomes a creditors voluntary liquidation when the company is insolvent.September 28, 2020 at 9:35 pm #586943Hi Both,
Instigate means start! It is indeed the directors who start the process by holding a board meeting. After the board meeting of directors there will then be a Members meeting where shareholders make the final decision by passing a special resolution. But the process is kick started “instigated” by the directors.
I hope this clarifies.
Vijay
September 29, 2020 at 3:55 pm #587001Thanks sir
@irphern this question is their in BPP revision kit . I found various questions their where they are playing with English language.October 1, 2020 at 12:08 pm #587134My pleasure
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